In June 2019, the U.S. Supreme Court handed down its decision in Gamble vs. United States — a case that could have far-reaching consequences for individuals who might face criminal prosecution in both federal and state court. The case focused on the concept of double jeopardy, which refers to an individual being prosecuted twice for the same crime. On a basic level, the double jeopardy clause in the Constitution protects people from standing trial more than once for the same offense. However, the Court’s decision in Gamble upheld something known as the “separate sovereigns” … [Read more...]
Will Getting Arrested Make Me Lose My Job?
Texas criminal defense lawyer, Attorney John Helms explains how being arrested can affect your future and if it can cause you to lose your job. Understandably, most people are fearful and nervous when they are arrested by the police. If you have been arrested, you might be wondering how having an arrest on your record will affect your job. Can your employer fire you? What if you’re later proven innocent? If you have been arrested, it’s important to discuss your case with an experienced Texas criminal defense lawyer. While the American criminal justice system is based on the principle … [Read more...]
How Do Police Get an Arrest Warrant?
Unless the police observe someone carrying out a crime in real time, they must first obtain an arrest warrant before they are able to take someone into custody. Police and prosecutors can obtain an arrest warrant by submitting information to a judge that establishes probable cause for the arrest. Without enough evidence to establish probable cause, the court will not grant the arrest warrant. Additionally, an arrest warrant is typically quite specific about what the police can do, along with what they are unable to do, when it comes to carrying out the arrest. If you think you … [Read more...]
What to Do If You Are Charged with Online Solicitation of a Minor
Being charged with an internet crime involving the solicitation of an underage person is a frightening thing. In many parts of the country, police departments have ramped up efforts to catch people engaged in the online solicitation of minors. Under Texas law, it’s illegal to have sexual contact with anyone younger than 17, as that’s how state law defines a “minor.” You may have seen reports about sting operations in which police departments from various cities and counties band together to arrest a large group of so-called suspects participating in online chatrooms or social media … [Read more...]
Federal Court Upholds Right to Flip Off the Police
It’s not uncommon for an encounter with the police to result in stress. Even if you’re detained briefly by the cops for a routine traffic stop such as a speeding ticket, you may feel angry and inconvenienced as the officer drives away — especially if the cop gave you a citation. Speeding tickets can be costly, and it’s normal to feel irritated when you get one. You might even make a certain negative hand gesture in the cop’s direction as a way of venting or making yourself feel a bit better. While most people might argue this isn’t advisable, a recent case has caused many people to … [Read more...]
Explaining The Sentencing of Paul Manafort
As a criminal defense attorney in Dallas, Attorney John Helms offers his unique perspective of the Paul Manafort sentencing on March 7th, 2019 and the implications of the sentence length. I am very troubled by the sentencing of Paul Manafort yesterday. According to the Federal Sentencing Guidelines, he should have received a sentence of at least 19 years. The 47-month sentence he received was roughly an 80 percent downward departure from the Sentencing Guidelines—a breathtaking departure for someone who did not plead guilty and who did not substantially assist the government by … [Read more...]
What Is the First Step Act?
Signed into law on December 21, 2018, the First Step Act aims to reduce the number of people incarcerated in the United States. Currently, there are about 2.2 million people in jails and prisons throughout the country. The First Step Act only applies to federal prisons, which hold around 181,000 people. Under the First Step Act, many people will be able to obtain an early release from prison. Additionally, the new law could also result in shorter sentences for individuals in the future. The Act represents one of the most significant changes in criminal justice reform over the past few … [Read more...]
Making a False Statement to Federal Agents
Just about everyone has heard the term “perjury,” which means lying under oath. In most cases, people picture someone telling a lie on the witness stand at a criminal trial. While that is undoubtedly a form of perjury, it’s also possible to run afoul of the law by lying to federal authorities during an investigation. In fact, making a false statement is a specific offense under federal law. The law makes it a crime to cover up evidence, make a fraudulent statement, or submit any kind of false writing or document with the knowledge that it’s fraudulent or untruthful. Any of these actions … [Read more...]
Criminal Trials: How Much Is Race A Factor In Jury Selection
I read with interest a recent opinion piece in the New York Times called, “Yes, Jury Selection Is As Racist As You Think. Now We Have Proof,” by Professor Ronald Wright of Wake Forest University Law School. The premise of the article is that African-Americans are removed from criminal jury panels at a greater rate than whites because they are more often the subject of “strikes,” also known as “peremptory challenges. These allow prosecutors and defense lawyers to “strike” potential jurors from being on the final jury for any reason except for race, gender, and other Constitutionally-protected … [Read more...]
Federal Drug Cases In Dallas, Fort Worth, Plano, and Sherman, Texas: How Can You Trust A Federal Agent or Prosecutor?
In federal drug cases, cooperating with the Government is often the best way for a defendant to reduce their sentence. Many defendants, however, have difficulty cooperating with the Government because they simply do not trust the Government. Experienced criminal defense lawyer John Helms explains in this article why trusting the Government should not be a barrier to cooperating. In the federal criminal justice system in Dallas, Fort Worth, Plano, and Sherman, Texas, defendants accused of drug trafficking or distribution face potentially severe penalties if they are convicted, including … [Read more...]
